No. 41

STATE OF MICHIGAN

Journal of the Senate

103rd Legislature

REGULAR SESSION OF 2025



[Please see the PDF version of this journal, if available, to view this image.]


Senate Chamber, Lansing, Wednesday, May 7, 2025.


10:00 a.m.


The Senate was called to order by the President pro tempore, Senator Jeremy Moss.


The roll was called by the Secretary of the Senate, who announced that a quorum was present.



Albert—present

Hauck—present

Moss—present

Anthony—present

Hertel—present

Nesbitt—present

Bayer—present

Hoitenga—present

Outman—present

Bellino—present

Huizenga—present

Polehanki—present

Brinks—present

Irwin—present

Runestad—present

Bumstead—present

Johnson—excused

Santana—present

Camilleri—excused

Klinefelt—present

Shink—present

Cavanagh—present

Lauwers—present

Singh—present

Chang—present

Lindsey—present

Theis—present

Cherry—present

McBroom—present

Victory—present

Daley—present

McCann—present

Webber—present

Damoose—present

McMorrow—present

Wojno—present

Geiss—present



Senator Roger Victory of the 31st District offered the following invocation:

This morning, Lord, as we come to You in prayer we are reminded of Psalm 118:24: “This is the day the Lord has made. Let us rejoice and be glad in it!” Lord, we ask that You may bless this chamber and Your hand of guidance be on those who serve as we do the work on behalf of the people of Michigan. Also, in this spring season of Your creation, may You bless the land and the farmers who till Your earth. May You grant a safe and beneficial planting season. This we ask in Your name. Amen.


The President pro tempore, Senator Moss, led the members of the Senate in recital of the Pledge of Allegiance.


Motions and Communications


Senator Lauwers moved that Senators McBroom and Nesbitt be temporarily excused from today’s session. The motion prevailed.


Senator Lauwers moved that Senator Johnson be excused from today’s session. The motion prevailed.


Senator Singh moved that Senators Cavanagh, Geiss and Santana be temporarily excused from today’s session. The motion prevailed.


Senator Singh moved that Senator Camilleri be excused from today’s session. The motion prevailed.

Senator Cavanagh entered the Senate Chamber.


The following communication was received:

Department of State Police

May 5, 2025

Attached is a copy of the 2024 Secondary Road Patrol and Traffic Accident Prevention Program Annual Report and Evaluation. This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended. A copy of the report will soon be posted on the Michigan Office of Highway Safety Planning’s (OHSP) website at Secondary Road Patrol.


The communication was referred to the Secretary for record.

Thank you,

Sgt. Travis R. Fletcher Government Relations Section Office of the Director


The following communication was received: Office of Senator Erika Geiss

Please add my signature as a co-sponsor to the following bill:


May 6, 2025

If there are any questions or issues, do not hesitate to reach out to me or members of my staff.

Sincerely, Erika Geiss State Senator

Michigan’s 1st District

The communication was referred to the Secretary for record.


The following communication was received:

Children Trust Michigan

May 7, 2025

Please find attached the Children Trust Michigan 2025-2026 State Plan, in keeping with the requirements of Public Act 250 of 1982.


The communication was referred to the Secretary for record.

Alan Stokes Financial Analyst

Senator Singh moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 257 Senate Bill No. 258 Senate Bill No. 259 Senate Bill No. 260 Senate Bill No. 261

The motion prevailed, a majority of the members serving voting therefor.


Recess


Senator Singh moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:03 a.m.


The Senate was called to order by the President pro tempore, Senator Moss.


10:20 a.m.

During the recess, Senators Nesbitt, Geiss, McBroom and Santana entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of

General Orders


Senator Singh moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Moss, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Moss, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the

following bills:

Senate Bill No. 78, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending sections 1b, 1c, 1d, 2, and 3 (MCL 780.621b, 780.621c, 780.621d, 780.622, and 780.623), section 1b as added by 2020 PA 188, section 1c as amended by 2021 PA 79, section 1d as amended by 2021 PA 82, and sections 2 and 3 as amended by 2020 PA 193, and by adding section 1j; and to repeal acts and parts of acts.


Senate Bill No. 257, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5851b (MCL 600.5851b), as added by 2018 PA 183.


Senate Bill No. 258, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5805 (MCL 600.5805), as amended by 2018 PA 183.


Senate Bill No. 259, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6452 (MCL 600.6452), as amended by 2020 PA 44.


Senate Bill No. 260, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge

of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 7 (MCL 691.1407), as amended by 2013 PA 173, and by adding section 7d.


Senate Bill No. 261, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6431 (MCL 600.6431), as amended by 2020 PA 42.

The bills were placed on the order of Third Reading of Bills.


By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills


Senator Klinefelt introduced

Senate Bill No. 285, entitled

A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2014 PA 278.

The bill was read a first and second time by title and referred to the Committee on Local Government.


Senator Klinefelt introduced

Senate Bill No. 286, entitled

A bill to amend 1887 PA 128, entitled “An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act,” by amending sections 1, 4, and 6 (MCL 551.101, 551.104, and 551.106).

The bill was read a first and second time by title and referred to the Committee on Local Government.


Senator Klinefelt introduced

Senate Bill No. 287, entitled

A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 16 (MCL 551.16), as amended by 2006 PA 419.

The bill was read a first and second time by title and referred to the Committee on Local Government.


Senator Klinefelt introduced

Senate Bill No. 288, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 8 (MCL 15.268), as amended by 2021 PA 166.

The bill was read a first and second time by title and referred to the Committee on Local Government.


Senators Albert, Daley, McBroom, Lauwers, Hoitenga, Outman, Theis and Lindsey introduced

Senate Bill No. 289, entitled

A bill to prohibit chemical and surgical mutilation of minors; to provide remedies; and to provide for the powers of certain state officers and entities.

The bill was read a first and second time by title and referred to the Committee on Government Operations.


Senators Outman, Albert, Daley, Lauwers, Hoitenga, Theis, McBroom and Lindsey introduced

Senate Bill No. 290, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), as amended by 2023 PA 209.

The bill was read a first and second time by title and referred to the Committee on Government Operations.

Senators Lindsey, Albert, Daley, Hoitenga, Lauwers, Outman and Theis introduced

Senate Bill No. 291, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406ww.

The bill was read a first and second time by title and referred to the Committee on Government Operations.


Recess


Senator Singh moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:29 a.m.


The Senate was called to order by the President pro tempore, Senator Moss. By unanimous consent the Senate returned to the order of

Third Reading of Bills


10:34 a.m.


The following bill was read a third time:

Senate Bill No. 160, entitled

A bill to enact the uniform premarital and marital agreements act; and to determine how and when a premarital or marital agreement is enforced.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:


Roll Call No. 79


Yeas—22



Anthony Bayer Brinks Cavanagh Chang Cherry


Geiss Hertel Huizenga Irwin Klinefelt Lindsey



McBroom McCann McMorrow Moss Polehanki


Santana Shink Singh Webber Wojno




Nays—13




Albert Bellino

Bumstead Daley


Damoose Hauck Hoitenga



Lauwers Nesbitt Outman


Runestad Theis Victory


Excused—2


Camilleri Johnson


Not Voting—0


In The Chair: Moss


The Senate agreed to the title of the bill.

Protest


Senator Runestad, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 160 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Runestad’s statement is as follows:

At its core, this bill does little more than provide a vast assortment of reasons why premarital agreements can be undone. Most concerningly, it does so through an expansive and vague definition of “duress.” Under current law, “duress” has a clear and limited definition, but this bill opens the concept up so broadly that someone could, 10 or 15 years later, claim they only signed their premarital agreement because it was presented after the wedding invitations had already been sent. That, under this bill, would qualify as “duress.” In fact, the only way to ensure a prenup holds up under this bill would be to present it immediately after the proposal, Don’t call your mother yet, I need you to sign this first—because anything that might be seen as humiliating or emotionally difficult like breaking off an engagement could be used as grounds to nullify the agreement. This bill will lead to countless future premarital agreements being ruled null and void, thereby defeating the entire purpose of having one. I respectfully register my “no” vote on this legislation.


Senator Shink asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Shink’s statement is as follows:

A marriage is a momentous occasion in joining two people’s lives together and it is also an important legal step with important financial ramifications for both parties as well as the state of Michigan. Senate Bill No. 160, a bill to enact the uniform premarital and marital agreements act, helps determine how and when a premarital agreement is enforced. It requires that each party have access to independent legal representation, a notice of a waiver of rights, and an adequate financial disclosure in the agreement, as well as time to consider the agreement.

Under this bill, an agreement could be unenforceable if it is signed under duress—which are circumstances so unfair that it would’ve been hard for the affected party to fairly consent—if each party doesn’t have appropriate informed consent, if it adversely affects custodial rights, or if it penalizes a party for seeking a divorce. This bill would ensure that during a divorce proceeding, the judge may modify the financial support to the level that would remove the qualification for public assistance as is supported in existing Michigan case law.

Most importantly, it modernizes Michigan’s legal standards and creates greater consistency for courts and practitioners going forward. This protects the stay-at-home parent and children if wage differentials between the spouses are especially large. This parent sacrifices earnings and career objectives to raise children, and by enacting an unenforceable uniform premarital and marital agreement act, the state will be able to protect our vulnerable residents. I urge you to vote “yes” on this bill.


By unanimous consent the Senate proceeded to the order of

Resolutions


Senator Singh moved that rule 3.204 be suspended to permit immediate consideration of the following resolution:

Senate Resolution No. 43

The motion prevailed, a majority of the members serving voting therefor.


Senator Daley offered the following resolution:

Senate Resolution No. 43.

A resolution to commemorate the 50th anniversary of the end of the Vietnam War.

Whereas, Fifty years ago after the fall of Saigon, President Gerald Ford declared May 7, 1975, as the official end of the Vietnam War; and

Whereas, We honor all who served on active duty in the United States Armed Forces at any time during the period of February 1, 1961 - May 7, 1975, regardless of duty location; and

Whereas, More than 58,000 Americans, including 2,666 Michiganders- one who was in the last group of 41 service members killed in May 1975- gave their lives for freedom’s sake. Their names are forever etched in black granite on the Vietnam Veterans Memorial wall in Washington D.C.; and

Whereas, Our nation is resolute to bring home the 1,549 missing in action, including 48 Michiganders; and Whereas, Upon the conclusion of their service, Vietnam veterans returned home to a country deeply divided over the war, where they were not met with gratitude and pride, but with protests and disrespect; and Whereas, Nothing that we say or do can repay our Vietnam veterans for the wounds they endured, or the

pain and sacrifice they continue to live with because of their service; and

Whereas, Today, Vietnam veterans are leaders in all walks of life and serve to make America a better place to live; and

Whereas, As residents of the great state of Michigan, we must never forget the sacrifice of the men and women who fought in the name of freedom and democracy for all; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate the 50th anniversary of the end of the Vietnam War.

The question being on the adoption of the resolution, The resolution was adopted.

Senators Cherry, Damoose and Webber were named co-sponsors of the resolution.


Senator Daley asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Daley’s statement is as follows:

Today marks the 50th anniversary of the official end of the Vietnam War as declared by President Ford. It is important that we take this opportunity to recognize the sacrifice that so many of our soldiers gave. There were over 2,600 Michigan citizens killed in active service, including one who was in the last group of 41 service members in May 1975. There are 48 Michigan people still missing in action. I was just barely too young to be drafted into the Vietnam War myself, but I knew of many people who served and paid the ultimate price. I urge your support of this resolution to pay our respect to those who served in the Vietnam War.


Announcements of Printing and Enrollment


The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 7:

House Bill Nos. 4136 4233 4234 4235 4238 4239 4240 4241 4242 4345


The Secretary announced that the following bills were printed and filed on Tuesday, May 6, and are available on the Michigan Legislature website:

Senate Bill Nos. 283 284

House Bill Nos. 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436

4437 4438 4439 4440 4441 4442 4443 4444 4445 4446 4447 4448 4449

4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462

4463 4464


Committee Reports


The Committee on Civil Rights, Judiciary, and Public Safety reported

Senate Bill No. 257, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5851b (MCL 600.5851b), as added by 2018 PA 183.

With the recommendation that the bill pass.


To Report Out:

Stephanie Chang Chairperson

Yeas: Senators Chang, Shink, Wojno, Irwin, Santana and Johnson Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Civil Rights, Judiciary, and Public Safety reported

Senate Bill No. 258, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5805 (MCL 600.5805), as amended by 2018 PA 183.

With the recommendation that the bill pass.

Stephanie Chang Chairperson

To Report Out:

Yeas: Senators Chang, Shink, Wojno, Irwin, Santana and Johnson Nays: None

The bill was referred to the Committee of the Whole.


The Committee on Civil Rights, Judiciary, and Public Safety reported

Senate Bill No. 259, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6452 (MCL 600.6452), as amended by 2020 PA 44.

With the recommendation that the bill pass.

Stephanie Chang Chairperson

To Report Out:

Yeas: Senators Chang, Shink, Wojno, Irwin, Santana and Johnson Nays: None

The bill was referred to the Committee of the Whole.


The Committee on Civil Rights, Judiciary, and Public Safety reported

Senate Bill No. 260, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 7 (MCL 691.1407), as amended by 2013 PA 173, and by adding section 7d.

With the recommendation that the bill pass.

Stephanie Chang Chairperson

To Report Out:

Yeas: Senators Chang, Shink, Wojno, Irwin, Santana and Johnson Nays: None

The bill was referred to the Committee of the Whole.


The Committee on Civil Rights, Judiciary, and Public Safety reported

Senate Bill No. 261, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6431 (MCL 600.6431), as amended by 2020 PA 42.

With the recommendation that the bill pass.

Stephanie Chang Chairperson

To Report Out:

Yeas: Senators Chang, Shink, Wojno, Irwin, Santana and Johnson Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT


The Committee on Civil Rights, Judiciary, and Public Safety submitted the following: Meeting held on Tuesday, May 6, 2025, at 9:30 a.m., Room 1200, Binsfeld Office Building Present: Senators Chang (C), Shink, Wojno, Irwin, Santana, Runestad and Johnson


The Committee on Transportation and Infrastructure reported

Senate Bill No. 137, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 233, 234, 239, and 240

(MCL 257.233, 257.234, 257.239, and 257.240), section 233 as amended by 2014 PA 290, section 234 as

amended by 2002 PA 552, section 239 as amended by 2020 PA 382, and section 240 as amended by 2004 PA 493. With the recommendation that the bill pass.

Erika Geiss Chairperson

To Report Out:

Yeas: Senators Geiss, Klinefelt, Wojno, Hertel, Chang, McCann, Bellino, McBroom, Victory and Bumstead Nays: None

The bill was referred to the Committee of the Whole.


The Committee on Transportation and Infrastructure reported

Senate Bill No. 138, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 227 (MCL 257.227), as amended by 2011 PA 92.

With the recommendation that the bill pass.

Erika Geiss Chairperson

To Report Out:

Yeas: Senators Geiss, Klinefelt, Wojno, Hertel, Chang, McCann, Bellino, McBroom, Victory and Bumstead Nays: None

The bill was referred to the Committee of the Whole.


The Committee on Transportation and Infrastructure reported

Senate Bill No. 139, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80304 and 81105 (MCL 324.80304 and 324.81105), section 80304 as amended by 2018 PA 678

and section 81105 as amended by 2018 PA 519. With the recommendation that the bill pass.

Erika Geiss Chairperson

To Report Out:

Yeas: Senators Geiss, Klinefelt, Wojno, Hertel, Chang, McCann, Bellino, McBroom, Victory and Bumstead Nays: None

The bill was referred to the Committee of the Whole.


COMMITTEE ATTENDANCE REPORT


The Committee on Transportation and Infrastructure submitted the following:

Meeting held on Tuesday, May 6, 2025, at 1:00 p.m., Room 1200, Binsfeld Office Building

Present: Senators Geiss (C), Klinefelt, Wojno, Hertel, Chang, McCann, Bellino, McBroom, Victory and Bumstead


Senator Singh moved that the Senate adjourn. The motion prevailed, the time being 10:43 a.m.

The President pro tempore, Senator Moss, declared the Senate adjourned until Thursday, May 8, 2025, at 10:00 a.m.


DANIEL OBERLIN

Secretary of the Senate